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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This archived healthcare tracker brought together key developments, legislation, guidance, parliamentary briefing notes and other materials on coronavirus ( COVID-19) up to the so‑called ‘freedom day’ of 18 July 2021. It was created to offer lawyers a straightforward reference point during the coronavirus period. For a navigational list of archived local government COVID-19 trackers, see Coronavirus ( COVID-19)—local government tracker up to 18 July 2021 [ Archived]. For current guidance, see Practice Note: Coronavirus ( COVID-19)—local government tracker—post July 2021. Primary legislation Legislation—made statutory instruments Government guidance Other sources of information Primary legislation Coronavirus Act 2020 ( CA 2020) came into force on 25 March 2020. The Act comprises numerous provisions across sections and Schedules relevant to the pandemic response. Certain provisions take effect on dates appointed by regulations made by a Minister of the Crown, with...
ARCHIVED: This Practice Note is archived and is no longer maintained. It charted the progress of UK primary legislation introduced as part of the legislative preparations for the UK’s exit from the EU during the 2017–19 Parliament. Following the prorogation of the 2017–19 Parliament on 8 October 2019, the Brexit Bills moving through Parliament that had not yet secured Royal Assent fell, namely: Agriculture Bill Financial Services ( Implementation of Legislation) Bill [ HL] Fisheries Bill Immigration and Social Security Co-ordination ( EU Withdrawal) Bill Trade Bill For further reading, see: Brexit Bulletin—key Bills fall away on prorogation of Parliament, LNB News 09/10/2019 64......
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998 ( DPA 1998). This Practice Note is for background purposes only and is not kept up to date. Under the DPA 1998, data controllers handling personal data must observe the following eight principles: Principle 1: personal data must be processed fairly and lawfully Principle 2: personal data must be collected only for specified and lawful purposes Principle 3: personal data must be adequate, relevant, and not excessive Principle 4: personal data must be accurate and maintained up to date Principle 5: personal data must not be retained longer than necessary Principle 6: personal data must be processed in line with the rights of data subjects Principle 7: safeguards must exist against...
This archived tracker collates key developments, legislation, official guidance and briefing notes on the coronavirus ( COVID-19) response, prioritising updates pertinent to local government up to the end of formal legal restrictions on 18 July 2021. Topics are presented alphabetically to reflect the local government homepage, and it notes legislation and guidance applying to local authorities during the COVID-19 outbreak. Jump to: Highlights Brexit timeline—impact of Coronavirus ( COVID-19) Coronavirus ( COVID-19)—children’s social care tracker [ Archived]; education tracker [ Archived]; governance tracker [ Archived]; healthcare tracker [ Archived]; highways tracker; judicial review tracker; licensing tracker [ Archived]; public procurement tracker [ Archived]; social care tracker [ Archived]; social housing tracker [...
This archived tracker centred on children’s social care and was created to monitor key developments, legislation, guidance, parliamentary briefing notes and other items of interest linked to coronavirus ( COVID-19) and children’s social care up to 18 July 2021, where relevant to local government lawyers. It aimed to offer a straightforward reference point for material useful to lawyers working in or with local authorities during coronavirus. Refer to Practice Note: Coronavirus ( COVID-19)—local government tracker up to 18 July 2021 [ Archived]. For developments after 18 July 2021, see Practice Note: Coronavirus ( COVID-19)—local government tracker—post July 2021. Primary legislation Coronavirus Act 2020 ( CA 2020) — ss 14, 15; Sch 12 When in force: 31 March 2020 Development: Regulations easing children’s social care duties Find out more:...
ARCHIVED: This tracker is archived and no longer updated. For an overview of Court of Protection cases from 2025 onwards, see: Court of Protection—table of cases. P, Re ( Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 ( T2) Court of Protection determines it has jurisdiction to consider whether P’s mother should continue as property and affairs deputy The proceedings related to P, an adult who sustained a brain injury in an accident and had a substantial personal injury claim. His mother had been appointed by the Court of Protection as his property and affairs deputy, and the present decision addressed an application seeking to revoke that appointment. The litigation had been protracted. Earlier, the court permitted ‘closed material’ to be withheld from P’s parents to facilitate capacity assessments; for a summary of that ruling, see here. Despite that step, neither the Official...
ARCHIVED : This Practice Note has been archived and is not maintained. It sits within a series of archived Practice Notes that collate and summarise notable historic case law rulings and principles concerning public procurement law. The bulk of the entries in this Practice Note are archived decisions, determined before the Public Contracts Regulations 2015 ( PCR 2015) came into force. For details of the latest case law developments, see: UK public procurement case tracker EU public procurement case tracker This Practice Note concentrates on cases linked to procurement procedure. The overarching aim of public procurement law is to open procurement to wider competition and to ensure that tenderers have an equal opportunity to obtain contracts tendered by public authorities. The guiding principles are equal treatment of tenderers and transparency in procedures, so that tenderers know what to expect from the procurement process and have a clear...
This Lexis+® UK Local Government resource holds a historical log of current awareness, consultations, legislation and developments tracked by the Education tracker, covering the full span of education from early years foundation stage ( EFYS) to further and higher education. Once news, consultations and other developments stop being current, they are placed in the Education tracker archive. Secondary legislation is archived two months after it comes into force. Cases and primary legislation are archived 12 months after commencement or after judgment is handed down. Previously archived trackers Education tracker 2022 [ Archived] Education tracker 2021 [ Archived] Education tracker 2020 [ Archived] Education tracker 2019 [ Archived] Education tracker 2018 [ Archived] Education tracker 2017 [ Archived] Education tracker 2016 [ Archived] For ease of reference, the tracker is arranged into: Legislation and statutory guidance Bills: passage through...
Lexis+® UK Local Government offers an historical log of current awareness, consultations, legislation and developments tracked by the Education tracker, spanning education from the early years foundation stage ( EFYS) through to further and higher education. When news, consultations and related developments stop being current, they are placed in the Education tracker archive... Secondary legislation is archived two months after it takes effect. Cases and primary legislation are archived 12 months after commencement or once judgment has been delivered. See: Education tracker 2021 [ Archived] Education tracker 2020 [ Archived] Education tracker 2019 [ Archived] Education tracker 2018 [ Archived] Education tracker 2017 [ Archived] Education tracker 2016 [ Archived] For ease of reference, the tracker has been divided into the following sections: Legislation and statutory guidance Bills: passage through parliament ...
ARCHIVED : This Practice Note has been archived and is not maintained. This Lexis+® UK Local Government entry holds a historical snapshot of current awareness, consultations, legislation and developments tracked by the Education tracker from 2019 that are no longer current, where consultation periods have closed, or where legislation has commenced. Secondary legislation is archived two months after it comes into force. Cases and primary legislation move to the archive 12 months after commencement or once judgment is handed down. Items from 2016–18 are available in the Education tracker archives for those years: Education tracker 2018 [ Archived], Education tracker 2017 [ Archived] and Education tracker 2016 [ Archived]. For ease of use, the tracker is organised into: Legislation and statutory guidance Bills: passage through parliament Consultations and developments of...
ARCHIVED This Practice Note is no longer updated and has been archived. Lexis+® UK Local Government retains a historical snapshot of current awareness, consultations, legislation and developments tracked by the Education tracker from 2017 that are no longer current, where consultation windows have closed, or where legislation has now commenced. Secondary legislation is moved to archive two months after commencement. Primary legislation and cases are archived 12 months after coming into force or after judgment. Developments from 2016 can be found in the Education tracker 2016 [ Archived] for reference. For clarity, the tracker is arranged into the following parts: Legislation and statutory guidance Bills: passage through parliament Consultations and developments of interest Cases Legislation and statutory guidance Further and Higher Education Education ( Recognised Awards) ( Richmond The American International University in London) Order 2017, SI 2017/1185 — 31...
This Practice Note addresses the supplementary employment obligations specific to local government regarding the recruitment and removal of statutory post-holders, including the Joint Negotiating Committee ( JNC) for Local Authority Chief Officers terms, green book provisions, occupation-specific conditions of service, and authorities’ rules on employment procedures. It sets out the varying rules that apply to different categories of officers. It further outlines the part played by leaders or elected mayors and the cabinet under executive arrangements, together with the Chief Executive, in these processes as applicable. Discussion of employment issues in local government fall into three areas: routine employment law issues, such as those concerning discrimination, fair or unfair dismissal (including redundancy), TUPE, etc contractual obligations, which necessitate consultation with national conditions of service except where local agreements have been made ......
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) apply. Any procurement commenced on or after that date must follow PA 2023. Procedures started under the previous framework—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered under those regimes. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law: PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. Broadly, two categories of consultants are engaged in public procurement: consultants with technical expertise in the subject matter (for...
Practice Note There are several routes to start criminal proceedings in England and Wales, including: charging at the police station after arrest issuing a written charge with a requisition serving a written charge together with a single justice procedure notice applying for a summons These examples represent common mechanisms, among others, for starting a case. The Note deals exclusively with applications for arrest warrants to begin proceedings in practice. This Practice Note focuses on a less common route: seeking an arrest warrant to commence proceedings. Prosecutors use this to ensure the accused attends court where a summons or requisition cannot be issued because the defendant’s address is unknown. It is also available to public prosecutors who are not authorised to issue a written charge under section 29 of the Criminal Justice Act 2003 ( CJA 2003), as well as to private...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Procurements launched on or after that date must follow PA 2023, while those started under earlier regimes (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and managed under those rules. The Cabinet Office has also refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract. These revised materials were released to coincide with the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be updated shortly to reflect these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model contracts updated for...
Alternative care People with care and support needs can receive assistance from family members, friends and other relatives as part of a holistic package tailored to meet those needs. This support may sit alongside, or even replace, help from the local authority ( LA). Where LAs consider that an adult may have eligible care and support needs, they must carry out an assessment to determine whether such needs are present, and the nature of the support required. In R (on the application of Antoniak) v Westminster City Council, the High Court clarified the meaning of ‘needs’ within Part 1 of the Care Act 2014 ( CA 2014). When conducting a needs assessment under CA 2014, the exercise is to assess an individual’s needs without reference to the help and support they already receive. A need that is currently met is...
Trespass Trespass describes the unauthorised presence of a person upon land in another’s possession. Ownership of land extends to the airspace above it, so any incursion into that airspace will, in principle, amount to a trespass. In Baron Bernstein, an aeroplane passing overhead to take photographs was held not to trespass, on the footing that the landowner’s rights over airspace reach only the height needed for the ordinary use and enjoyment of the land and its structures. However, in Kelsen, a sign projecting just eight inches into the airspace above the land was found to be a trespass. In Anchor Brewhouse, the High Court confirmed that the problems created by aircraft, etc., are wholly distinct from an invasion of airspace by a structure erected on adjoining land, where the legal position is more certain and settled. The latter is a trespass in...
Both central government and local authorities treat air quality as a priority. EU Directive 2008/50/ EC of the European Parliament and of the Council of 21 May 2008, on ambient air quality and cleaner air for Europe (the Directive) — in the form it had immediately before 11pm on 31 December 2020 — set legally binding limits on concentrations of key air pollutants that affect public health, habitats and biodiversity. The Air Quality Standards Regulations 2010 and the Air Quality Standards ( Wales) Regulations 2010 (together, the Air Quality Regulations) transpose the requirements of the Directive into English and Welsh law respectively and, post- Brexit, still oblige the Secretary of State/ Welsh Ministers to assess air quality, ensure that specified limit values are not exceeded, and that specified target values are achieved. In addition, under Part IV of the...
Air pollution controls Air pollution controls tackle global climate change, ozone depletion and air quality, spanning a diverse and intricate range of activities. Some measures do not require permits or registration; instead they prohibit specified pollutants, set objectives and standards, or emphasise renewables and energy efficiency to cut harmful emissions. For more information on air pollution controls, see: Air pollution—overview. Most permitting and registration obligations arise from European and international controls, implemented through national legislation in the UK. This Practice Note supports those wishing to identify which permitting and registration controls apply in England and Wales to operators or organisations that emit air pollutants, and focuses on the following regimes: environmental permitting greenhouse gas permits ozone depleting substances ( ODS) Environmental permitting The environmental permitting regime supplies a framework in England and Wales through which the substantive requirements of various European Directives have been applied across multiple...
Where do the requirements for air conditioning inspections come from? Section 2 of the Building ( Scotland) Act 2003 ( Bu( S) A 2003) and Regulation 17 of the Building ( Scotland) Regulations 2004 (the Building Regs 2004), SSI 2004/406, set out the obligation to have an air conditioning system ( ACS) assessed by an accredited air conditioning energy assessor... Why are air conditioning inspections required? These inspections aim to support the efficient operation of systems and boost a building’s energy efficiency, in accordance with the European Directive on Energy Performance of Buildings, implemented through the Building Regs 2004, SSI 2004/406... When are inspections required? Under the Building Regs 2004, SSI 2004/406, every ACS with an effective rated output exceeding 12 k W must be periodically inspected by an energy assessor. Only organisations that have entered into a protocol with the Scottish Government are authorised to...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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